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her in accordance with the voluntary negotiation procedure specified in paragraph (2) or in accordance with the compulsory arbitration procedure specified in paragraphs (3) and (4)." Subsec. (c)(2)(A). Pub. L. 103-369, Sec. 2(4)(B)(i), as amended by Pub. L. 105-80, Sec. 1(2), substituted "July 1, 1996" for "July 1, 1991". Subsec. (c)(2)(D). Pub. L. 103-369, Sec. 2(4)(B)(ii), as amended by Pub. L. 105-80, Sec. 1(2), substituted "December 31, 1999, or in accordance with the terms of the agreement, whichever is later" for "December 31, 1994". Subsec. (c)(3)(A). Pub. L. 103-369, Sec. 2(4)(C)(i), as amended by Pub. L. 105-80, Sec. 1(2), substituted "January 1, 1997" for "December 31, 1991". Subsec. (c)(3)(B). Pub. L. 103-369, Sec. 2(4)(C)(ii), as amended by Pub. L. 105-80, Sec. 1(2), amended subpar. (B) generally. Prior to amendment, subpar. (B) read as follows: "(B) Factors for determining royalty fees. - In determining royalty fees under this paragraph, the copyright arbitration royalty panel appointed under chapter 8 shall consider the approximate average cost to a cable system for the right to secondarily transmit to the public a primary transmission made by a broadcast station, the fee established under any voluntary agreement filed with the Copyright Office in accordance with paragraph (2), and the last fee proposed by the parties, before proceedings under this paragraph, for the secondary transmission of superstations or network stations for private home viewing. The fee shall also be calculated to achieve the following objectives: "(i) To maximize the availability of creative works to the public. "(ii) To afford the copyright owner a fair return for his or her creative work and the copyright user a fair income under existing economic conditions. "(iii) To reflect the relative roles of the copyright owner and the copyright user in the product made available to the public with respect to relative creative contribution, technological contribution, capital investment, cost, risk, and contribution to the opening of new markets for creative expression and media for their communication. "(iv) To minimize any disruptive impact on the structure of the industries involved and on generally prevailing industry practices." Subsec. (c)(3)(C). Pub. L. 103-369, Sec. 2(4)(C)(iii), as amended by Pub. L. 105-80, Sec. 1(2), inserted before period at end "or July 1, 1997, whichever is later". Subsec. (d)(2). Pub. L. 103-369, Sec. 2(6)(A), amended par. (2) generally. Prior to amendment, par. (2) read as follows: "(2) Network station. - The term 'network station' has the meaning given that term in section 111(f) of this title, and includes any translator station or terrestrial satellite station that rebroadcasts all or substantially all of the programming broadcast by a network station." Subsec. (d)(6). Pub. L. 103-369, Sec. 2(6)(B), inserted "and operates in the Fixed-Satellite Service under part 25 of title 47 of the Code of Federal Regulations or the Direct Broadcast Satellite Service under part 100 of title 47 of the Code of Federal Regulations" after "Federal Communications Commission". Subsec. (d)(11). Pub. L. 103-369, Sec. 2(6)(C), added par. (11). 1993 - Subsec. (b)(1). Pub. L. 103-198, Sec. 5(1)(A), struck out ", after consultation with the Copyright Royalty Tribunal," in introductory provisions after "Register shall" and in subpar. (A) after "Copyrights may". Subsec. (b)(2), (3). Pub. L. 103-198, Sec. 5(1)(B), (C), substituted "Librarian of Congress" for "Copyright Royalty Tribunal". Subsec. (b)(4). Pub. L. 103-198, Sec. 5(1)(D), in subpar. (A), substituted "Librarian of Congress" for "Copyright Royalty Tribunal" after "claim with the" and for "Tribunal" after "requirements that the", in subpar. (B), substituted "Librarian of Congress" for "Copyright Royalty Tribunal" before "shall determine" and for "Tribunal" wherever else appearing, and substituted "convene a copyright arbitration royalty panel" for "conduct a proceeding", and in subpar. (C), substituted "Librarian of Congress" for "Copyright Royalty Tribunal". Subsec. (c). Pub. L. 103-198, Sec. 5(2)(A), substituted "Adjustment" for "Determination" in heading. Subsec. (c)(2). Pub. L. 103-198, Sec. 5(2)(B), substituted "Librarian of Congress" for "Copyright Royalty Tribunal" in subpars. (A) and (B). Subsec. (c)(3)(A). Pub. L. 103-198, Sec. 5(2)(C)(i), substituted "Librarian of Congress" for "Copyright Royalty Tribunal" and substituted last sentence for former last sentence which read as follows: "Such notice shall include the names and qualifications of potential arbitrators chosen by the Tribunal from a list of available arbitrators obtained from the American Arbitration Association or such similar organization as the Tribunal shall select." Subsec. (c)(3)(B). Pub. L. 103-198, Sec. 5(2)(C)(ii), (iii), redesignated subpar. (D) as (B), substituted "copyright arbitration royalty panel appointed under chapter 8" for "Arbitration Panel" in introductory provisions, and struck out former subpar. (B) which provided for the selection of an Arbitration Panel. Subsec. (c)(3)(C). Pub. L. 103-198, Sec. 5(2)(C)(ii), (v), redesignated subpar. (G) as (C), amended subpar. generally, substituting provisions relating to period during which decision of arbitration panel or order of Librarian of Congress becomes effective for provisions relating to period during which decision of Arbitration Panel or order of Copyright Royalty Tribunal became effective, and struck out former subpar. (C) which related to proceedings in arbitration. Subsec. (c)(3)(D). Pub. L. 103-198, Sec. 5(2)(C)(vi), redesignated subpar. (H) as (D) and substituted "referred to in subparagraph (C)" for "adopted or ordered under subparagraph (F)". Former subpar. (D) redesignated (B). Subsec. (c)(3)(E) to (H). Pub. L. 103-198, Sec. 5(2)(C)(iv)-(vi)(I), struck out subpar. (E) which required the Arbitration Panel to report to the Copyright Royalty Tribunal not later than 60 days after publication of notice initiating an arbitration proceeding, struck out subpar. (F) which required action by the Tribunal within 60 days after receiving the report by the Panel, and redesignated subpars. (G) and (H) as (C) and (D), respectively. Subsec. (c)(4). Pub. L. 103-198, Sec. 5(2)(D), struck out par. (4) which established procedures for judicial review of decisions of the Copyright Royalty Tribunal. EFFECTIVE DATE OF 1999 AMENDMENT Amendment by section 1000(a)(9) [title I, Secs. 1004, 1006] of Pub. L. 106-113 effective July 1, 1999, and amendment by section 1000(a)(9) [title I, Secs. 1005, 1007, 1008(b), 1011(b)(2), (c)] of Pub. L. 106-113 effective Nov. 29, 1999, see section 1000(a)(9) [title I, Sec. 1012] of Pub. L. 106-113, set out as a note under section 101 of this title. EFFECTIVE DATE OF 1997 AMENDMENT Section 13 of Pub. L. 105-80 provided that: "(a) In General. - Except as provided in subsections (b) and (c), the amendments made by this Act [amending this section, sections 101, 104A, 108 to 110, 114 to 116, 303, 304, 405, 407, 411, 504, 509, 601, 708, 801 to 803, 909, 910, 1006, and 1007 of this title, and section 2319 of Title 18, Crimes and Criminal Procedure, and amending provisions set out as a note under section 914 of this title] shall take effect on the date of the enactment of this Act [Nov. 13, 1997]. "(b) Satellite Home Viewer Act. - The amendments made by section 1 [amending this section] shall be effective as if enacted as part of the Satellite Home Viewer Act of 1994 (Public Law 103-369). "(c) Technical Amendment. - The amendment made by section 12(b)(1) [amending provisions set out as a note under section 914 of this title] shall be effective as if enacted on November 9, 1987." EFFECTIVE DATE OF 1995 AMENDMENT Amendment by Pub. L. 104-39 effective 3 months after Nov. 1, 1995, see section 6 of Pub. L. 104-39, set out as a note under section 101 of this title. EFFECTIVE AND TERMINATION DATES OF 1994 AMENDMENT Section 6 of Pub. L. 103-369 provided that: "(a) In General. - Except as provided in subsections (b) and (d), this Act [amending this section and section 111 of this title, enacting provisions set out as notes under this section and section 101 of this title, and repealing provisions set out as a note under this section] and the amendments made by this Act take effect on the date of the enactment of this Act [Oct. 18, 1994]. "(b) Burden of Proof Provisions. - The provisions of section 119(a)(5)(D) of title 17, United States Code (as added by section 2(2) of this Act) relating to the burden of proof of satellite carriers, shall take effect on January 1, 1997, with respect to civil actions relating to the eligibility of subscribers who subscribed to service as an unserved household before the date of the enactment of this Act. "(c) Transitional Signal Intensity Measurement Procedures. - The provisions of section 119(a)(8) of title 17, United States Code (as added by section 2(5) of this Act), relating to transitional signal intensity measurements, shall cease to be effective on December 31, 1996. "(d) Local Service Area of a Primary Transmitter. - The amendment made by section 3(b) [amending section 111 of this title], relating to the definition of the local service area of a primary transmitter, shall take effect on July 1, 1994." EFFECTIVE DATE Section 206 of title II of Pub. L. 100-667 provided that: "This title and the amendments made by this title [enacting this section and sections 612 and 613 of Title 47, Telegraphs, Telephones, and Radiotelegraphs, amending sections 111, 501, 801, and 804 of this title and section 605 of Title 47, and enacting provisions set out as notes under this section and section 101 of this title] take effect on January 1, 1989, except that the authority of the Register of Copyrights to issue regulations pursuant to section 119(b)(1) of title 17, United States Code, as added by section 202 of this Act, takes effect on the date of the enactment of this Act [Nov. 16, 1988]." Section 207 of title II of Pub. L. 100-667 provided that this title and the amendments made by this title (other than the amendments made by section 205 [amending section 605 of Title 47]) cease to be effective on Dec. 31, 1994, prior to repeal by Pub. L. 103-369, Sec. 4(b), Oct. 18, 1994, 108 Stat. 3481. TERMINATION OF SECTION Section 4(a) of Pub. L. 103-369, as amended by Pub. L. 106-113, div. B, Sec. 1000(a)(9) [title I, Sec. 1003], Nov. 29, 1999, 113 Stat. 1536, 1501A-527, provided that: "Section 119 of title 17, United States Code, as amended by section 2 of this Act, ceases to be effective on December 31, 2004." APPLICABILITY OF 1994 AMENDMENT Section 5 of Pub. L. 103-369 provided that: "The amendments made by this section apply only to section 119 of title 17, United States Code." -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 106, 111, 122, 501, 511, 801, 802, 803 of this title; title 18 section 2319; title 47 sections 325, 338, 339, 548. -End- -CITE- 17 USC Sec. 120 01/19/04 -EXPCITE- TITLE 17 - COPYRIGHTS CHAPTER 1 - SUBJECT MATTER AND SCOPE OF COPYRIGHT -HEAD- Sec. 120. Scope of exclusive rights in architectural works -STATUTE- (a) Pictorial Representations Permitted. - The copyright in an architectural work that has been constructed does not include the right to prevent the making, distributing, or public display of pictures, paintings, photographs, or other pictorial representations of the work, if the building in which the work is embodied is located in or ordinarily visible from a public place. (b) Alterations to and Destruction of Buildings. - Notwithstanding the provisions of section 106(2), the owners of a building embodying an architectural work may, without the consent of the author or copyright owner of the architectural work, make or authorize the making of alterations to such building, and destroy or authorize the destruction of such building. -SOURCE- (Added Pub. L. 101-650, title VII, Sec. 704(a), Dec. 1, 1990, 104 Stat. 5133.) -MISC1- EFFECTIVE DATE Section applicable to any architectural work created on or after Dec. 1, 1990, and any architectural work, that, on Dec. 1, 1990, is unconstructed and embodied in unpublished plans or drawings, except that protection for such architectural work under this title terminates on Dec. 31, 2002, unless the work is constructed by that date, see section 706 of Pub. L. 101-650, set out as an Effective Date of 1990 Amendment note under section 101 of this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 106, 501, 511 of this title; title 18 section 2319. -End- -CITE- 17 USC Sec. 121 01/19/04 -EXPCITE- TITLE 17 - COPYRIGHTS CHAPTER 1 - SUBJECT MATTER AND SCOPE OF COPYRIGHT -HEAD- Sec. 121. Limitations on exclusive rights: Reproduction for blind or other people with disabilities -STATUTE- (a) Notwithstanding the provisions of section 106, it is not an infringement of copyright for an authorized entity to reproduce or to distribute copies or phonorecords of a previously published, nondramatic literary work if such copies or phonorecords are reproduced or distributed in specialized formats exclusively for use by blind or other persons with disabilities. (b)(1) Copies or phonorecords to which this section applies shall - (A) not be reproduced or distributed in a format other than a specialized format exclusively for use by blind or other persons with disabilities; (B) bear a notice that any further reproduction or distribution in a format other than a specialized format is an infringement; and (C) include a copyright notice identifying the copyright owner and the date of the original publication. (2) The provisions of this subsection shall not apply to standardized, secure, or norm-referenced tests and related testing material, or to computer programs, except the portions thereof that are in conventional human language (including descriptions of pictorial works) and displayed to users in the ordinary course of using the computer programs. (c) For purposes of this section, the term - (1) "authorized entity" means a nonprofit organization or a governmental agency that has a primary mission to provide specialized services relating to training, education, or adaptive reading or information access needs of blind or other persons with disabilities; (2) "blind or other persons with disabilities" means individuals who are eligible or who may qualify in accordance with the Act entitled "An Act to provide books for the adult blind", approved March 3, 1931 (2 U.S.C. 135a; 46 Stat. 1487) to receive books and other publications produced in specialized formats; and (3) "specialized formats" means braille, audio, or digital text which is exclusively for use by blind or other persons with disabilities. -SOURCE- (Added Pub. L. 104-197, title III, Sec. 316(a), Sept. 16, 1996, 110 Stat. 2416; amended Pub. L. 106-379, Sec. 3(b), Oct. 27, 2000, 114 Stat. 1445; Pub. L. 107-273, div. C, title III, Sec. 13210(3)(A), Nov. 2, 2002, 116 Stat. 1909.) -REFTEXT- REFERENCES IN TEXT The Act approved March 3, 1931, referred to in subsec. (c)(2), is act Mar. 3, 1931, ch. 400, 46 Stat. 1487, as amended, which is classified generally to sections 135a and 135b of Title 2, The Congress. For complete classification of this Act to the Code, see Tables. -MISC1- AMENDMENTS 2002 - Pub. L. 107-273 substituted "Reproduction" for "reproduction" in section catchline. 2000 - Subsec. (a). Pub. L. 106-379 substituted "section 106" for "sections 106 and 710". -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 106, 501, 511 of this title; title 18 section 2319. -End- -CITE- 17 USC Sec. 122 01/19/04 -EXPCITE- TITLE 17 - COPYRIGHTS CHAPTER 1 - SUBJECT MATTER AND SCOPE OF COPYRIGHT -HEAD- Sec. 122. Limitations on exclusive rights: Secondary transmissions by satellite carriers within local markets -STATUTE- (a) Secondary Transmissions of Television Broadcast Stations by Satellite Carriers. - A secondary transmission of a performance or display of a work embodied in a primary transmission of a television broadcast station into the station's local market shall be subject to statutory licensing under this section if - (1) the secondary transmission is made by a satellite carrier to the public; (2) with regard to secondary transmissions, the satellite carrier is in compliance with the rules, regulations, or authorizations of the Federal Communications Commission governing the carriage of television broadcast station signals; and (3) the satellite carrier makes a direct or indirect charge for the secondary transmission to - (A) each subscriber receiving the secondary transmission; or (B) a distributor that has contracted with the satellite carrier for direct or indirect delivery of the secondary transmission to the public. (b) Reporting Requirements. - (1) Initial lists. - A satellite carrier that makes secondary transmissions of a primary transmission made by a network station under subsection (a) shall, within 90 days after commencing such secondary transmissions, submit to the network that owns or is affiliated with the network station a list identifying (by name in alphabetical order and street address, including county and zip code) all subscribers to which the satellite carrier makes secondary transmissions of that primary transmission under subsection (a). (2) Subsequent lists. - After the list is submitted under paragraph (1), the satellite carrier shall, on the 15th of each month, submit to the network a list identifying (by name in alphabetical order and street address, including county and zip code) any subscribers who have been added or dropped as subscribers since the last submission under this subsection. (3) Use of subscriber information. - Subscriber information submitted by a satellite carrier under this subsection may be used only for the purposes of monitoring compliance by the satellite carrier with this section. (4) Requirements of networks. - The submission requirements of this subsection shall apply to a satellite carrier only if the network to which the submissions are to be made places on file with the Register of Copyrights a document identifying the name and address of the person to whom such submissions are to be made. The Register of Copyrights shall maintain for public inspection a file of all such documents. (c) No Royalty Fee Required. - A satellite carrier whose secondary transmissions are subject to statutory licensing under subsection (a) shall have no royalty obligation for such secondary transmissions. (d) Noncompliance With Reporting and Regulatory Requirements. - Notwithstanding subsection (a), the willful or repeated secondary transmission to the public by a satellite carrier into the local market of a television broadcast station of a primary transmission embodying a performance or display of a work made by that television broadcast station is actionable as an act of infringement under section 501, and is fully subject to the remedies provided under sections 502 through 506 and 509, if the satellite carrier has not complied with the reporting requirements of subsection (b) or with the rules, regulations, and authorizations of the Federal Communications Commission concerning the carriage of television broadcast signals. (e) Willful Alterations. - Notwithstanding subsection (a), the secondary transmission to the public by a satellite carrier into the local market of a television broadcast station of a performance or display of a work embodied in a primary transmission made by that television broadcast station is actionable as an act of infringement under section 501, and is fully subject to the remedies provided by sections 502 through 506 and sections 509 and 510, if the content of the particular program in which the performance or display is embodied, or any commercial advertising or station announcement transmitted by the primary transmitter during, or immediately before or after, the transmission of such program, is in any way willfully altered by the satellite carrier through changes, deletions, or additions, or is combined with programming from any other broadcast signal. (f) Violation of Territorial Restrictions on Statutory License for Television Broadcast Stations. - (1) Individual violations. - The willful or repeated secondary transmission to the public by a satellite carrier of a primary transmission embodying a performance or display of a work made by a television broadcast station to a subscriber who does not reside in that station's local market, and is not subject to statutory licensing under section 119 or a private licensing agreement, is actionable as an act of infringement under section 501 and is fully subject to the remedies provided by sections 502 through 506 and 509, except that - (A) no damages shall be awarded for such act of infringement if the satellite carrier took corrective action by promptly withdrawing service from the ineligible subscriber; and (B) any statutory damages shall not exceed $5 for such subscriber for each month during which the violation occurred. (2) Pattern of violations. - If a satellite carrier engages in a willful or repeated pattern or practice of secondarily transmitting to the public a primary transmission embodying a performance or display of a work made by a television broadcast station to subscribers who do not reside in that station's local market, and are not subject to statutory licensing under section 119 or a private licensing agreement, then in addition to the remedies under paragraph (1) - (A) if the pattern or practice has been carried out on a substantially nationwide basis, the court - (i) shall order a permanent injunction barring the secondary transmission by the satellite carrier of the primary transmissions of that television broadcast station (and if such television broadcast station is a network station, all other television broadcast stations affiliated with such network); and (ii) may order statutory damages not exceeding $250,000 for each 6-month period during which the pattern or practice was carried out; and (B) if the pattern or practice has been carried out on a local or regional basis with respect to more than one television broadcast station, the court - (i) shall order a permanent injunction barring the secondary transmission in that locality or region by the satellite carrier of the primary transmissions of any television broadcast station; and (ii) may order statutory damages not exceeding $250,000 for each 6-month period during which the pattern or practice was carried out. (g) Burden of Proof. - In any action brought under subsection (f), the satellite carrier shall have the burden of proving that its secondary transmission of a primary transmission by a television broadcast station is made only to subscribers located within that station's local market or subscribers being served in compliance with section 119 or a private licensing agreement. (h) Geographic Limitations on Secondary Transmissions. - The statutory license created by this section shall apply to secondary transmissions to locations in the United States. (i) Exclusivity With Respect to Secondary Transmissions of Broadcast

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